EPA v. VILLAGE OF HOLIDAY LAKE OF CHARLOTTE COUNTY PROPERTY OWNERS ASSOCIATION, INC.

Case summary

08/12/2009 - ADMIN CONSENT AGMT AND COMPLIANCE ORDER ISSUED. THIS ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. INCLUDING APPROX 0.018 ACRES ON THE BUTTERFORD CANAL LOCATED IN THE RESIDENTIAL COMMUNITY OF VILLAGE OF HOLIDAY LAKE OF CHARLOTTE COUNTY PROPERTY OWNERS ASSOCIATION, INC., AT 13749 MARATHON BLVD, IN SECTION 09, TOWNSHIP 41 SOUTH, RANGE 21 EAST, PORT CHARLOTTE, CHARLOTTE COUNTY, FL. THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL OCCURRED DURING THE CONSTRUCTION OF A 16' X 50' BOAT RAMP AND 5' X 20' BOAT RAMP DOCK. COMMENCING ON OR ABOUT JULY 10, 2006 TO NOV 13, 2006, RESPONDENT, AND/OR THOSE ACTING ON BEHALF OF THE RESPONDENT DISCHARGED DREDGED AND/OR FILL MATERIAL INTO WATERS OF THE U.S. ON THE SITE USING EARTH MOVING MACHINERY, DURING UNAUTHORIZED ACTIVITIES ASSOCIATED WITH THE CONSTRUCTION OF A BOAT RAMP AND MULTI-FAMILY BOAT DOCK FOR THE RESPONDENT'S RESIDENTIAL DEVELOPMENT. RESPONDENT'S UNAUTHORIZED ACTIVITIES IMPACTED APPROX 0.018 ACRES OF BUTTERFORD CANAL, A NAVIGABLE-IN-FACT WATER AND ALSO A TRIBUTARY TO THE MYAKKA RIVER, A NAVIGABLE WATER OF THE U.S. AT NO TIME DURING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL AT THE DISCHARGE AREA FROM JULY 10, 2006 TO NOV 13, 2006, DID THE RESPONDENT POSSESS A PERMIT UNDER CWA SECTION 404. ORDER REQUIRES: RESPONDENT SHALL APPLY FOR A CWA 404 PERMIT FROM THE COE WITHIN 15 DAYS TO AUTHORIZE ANY REMAINING UNPERMITTED DISCHARGES. RESPONDENT SHALL ALSO PROVIDE EPA WITH A COPY OF THE PERMIT APPLICATION. IF THE COE ISSUES A CWA SECTION 404 PERMIT, TO RESPONDENT FOR THE FILL REMAINING IN PLACE, RESPONDENT SHALL SEND THE EPA A COPY. IF THE COE DENIES AUTHORIZATION FOR THE FILL MATERIAL REMAINING IN PLACE, RESPONDENT SHALL HAVE 15 DAYS TO PROVIDE EPA WITH A PLAN FOR REMOVAL OF ALL UNAUTHORIZED FILL MATERIAL INCLUDING A NARRATIVE DESCRIBING HOW RESPONDENT WILL RESTORE ALL IMPACTED JURISDICTIONAL WETLANDS AND WATERS OF THE U.S.

Defendants (1)

• VILLAGE OF HOLIDAY LAKE OF CHARLOTTE COUNTY PROPERNamed in settlement

Facilities (1)

• VILLAGE OF HOLIDAY LAKE

  7500 LORIS COURT, PORT CHARLOTTE, FL, 33981

  Registry ID: 110038432265

Statutes cited

• CWA 404 — Permits for Dredge and Fill Material

Enforcement conclusions (1)

• VILLAGE OF HOLIDAY LAKE OF CHARLOTTE COUNTY PROPERTY OWNERS ASSOCIATION, INC.entered 2009-08-12

  Primary law: CWA

Timeline (2 milestones)

• 2009-08-12Final Order Issued
• 2009-08-13Enforcement Action Data Entered